jeny
02-04-2003, 07:19 AM
Recently, a man accused of growing marijuana was convicted of cultivation,among other things.
After the fact, several of the jurors feel diped, they say they were not given all the evidence in trial. They were not allowed to hear that the man was growing it for medical purposes, or that he was officially sanctioned by the City of Oakland to grow the marijuana.
Of particular interest in the article is this paragraph;
"A bank robber is not allowed a defense that he was stealing money for his starving children, even if he was," said Rory Little, a Hastings College of the Law professor. "The general principle is: Motive is not a defense to a crime."
Motive is quite often a defense. If you commit murder, a defense of self-defense can be made, legally, and sucessfully. Motive is, of course, a crucial point in ANY criminal case. Especially since the "victim" of these drug crimes is almost lways the perpetrator of said crime.
In CA, medical marijuana is legal, by popular vote. I am disappointed in the outcome of Rosenthal's a\case. On Saturday evening, I heard him on a local radio talk ahow and felt so bad for him. He is a man who wants to help people, and the thanks we give him is to call him a criminal.
Here is the article;
http://www.ktvu.com/news/1954535/detail.html
After the fact, several of the jurors feel diped, they say they were not given all the evidence in trial. They were not allowed to hear that the man was growing it for medical purposes, or that he was officially sanctioned by the City of Oakland to grow the marijuana.
Of particular interest in the article is this paragraph;
"A bank robber is not allowed a defense that he was stealing money for his starving children, even if he was," said Rory Little, a Hastings College of the Law professor. "The general principle is: Motive is not a defense to a crime."
Motive is quite often a defense. If you commit murder, a defense of self-defense can be made, legally, and sucessfully. Motive is, of course, a crucial point in ANY criminal case. Especially since the "victim" of these drug crimes is almost lways the perpetrator of said crime.
In CA, medical marijuana is legal, by popular vote. I am disappointed in the outcome of Rosenthal's a\case. On Saturday evening, I heard him on a local radio talk ahow and felt so bad for him. He is a man who wants to help people, and the thanks we give him is to call him a criminal.
Here is the article;
http://www.ktvu.com/news/1954535/detail.html